duties of an advocate towards the court

-moz-box-shadow: 0 0 40px rgba(0, 0, 0, .15); But Advocate has some duties towards the opponent Parties. /* Columns Harish Chandra Tiwari vs. Baiju (AIR 2002 S.C 548) } } He should have integrity in abundance and should never do anything that erodes his credibility. 24) In the case of, 26) A lawyer cannot be a mere mouthpiece of his client and cannot associate himself with his client in maligning the reputation of judicial officer merely because his client failed to secure the desired order from the said officer. .post-body img, .post-body .tr-caption-container, .Profile img, .Image img, Rules on an Advocate's duty towards the court 1. .comments .continue { Check our other Services...Escorts Service in GurgaonEscorts Service in GurgaonEscorts Service in GurgaonEscorts Service in GurgaonEscorts Service in Gurgaon. The power to do complete justice under Article 142 is in a way, corrective power, which gives preference to equity over law but it cannot be used to deprive a professional lawyer of the due process contained in the Advocates Act 1961 by suspending his licence to practice in a summary manner, while dealing with a case of contempt of court. The advocate is expected to conduct himself in a manner befitting the status of an officer of the court. border: none; By Tanuj Kalia – A Lawyer’s Duty Towards The Court – 1. } margin: 0 -10px; /* Posts Lex Rex is Carte Blanche's initiative to impart Legal education to the masses. 1. } In case any individual / website has an objection to the use of the respective copyright material, Lex Crawler : The Best Legal Search Engine, "Duties and Conduct of Advocates" : Supreme Court Explains, SARFAESI Act - Scope of S. 17 : Supreme Court Explains, Public Interest Litigation : Definition, Origin & Evolution : Supreme Court, Exhibiting Documents in Evidence : The Law. 0000001382 00000 n All the functionaries, be it advocates, judges and the rest of the staff ought to act in accordance with morals and ethics. .tabs-inner .section:first-child { .mobile .tabs-inner .section:first-child { } 1 } 4. #layout { .tabs-inner .widget li.selected a, .tabs-inner .widget li a:hover { As an officer of the court one is also expected to assist the court to arrive at a fair and just decision. I liked it. 0000011233 00000 n } padding: 0 15px; ", "The power of the Supreme Court to punish for contempt of court, though quite wide, is yet limited and cannot be expanded to include the power to determine whether an advocate is also guilty of "Professional misconduct" in a summary manner which can only be done under the procedure prescribed in the Advocates Act. min-width: 0; padding-left: 290px; } border: 1px solid #eeeeee; Any violation of the principles of professional ethics by an advocate is unfortunate and unacceptable. It is high time that we realise that the much cherished judicial independence has to be protected not only from the executive or the legislature but also from those who are an integral part of the system.". .tabs-inner .widget li a { For the purposes of this rule, Court shall mean a Court, Bench or Tribunal in which above mentioned relation of the Advocate is a Judge, Member or the Presiding Officer. Section III of Bar Council of India Rules provides for the duties of an Advocate towards the opponent party. .content-outer { Under Article 144 of the Constitution "all authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court. Refuse to act in an illegal manner towards the … margin-right: -30px; ----------------------------------------------- */ } He should not act in a bankruptcy petition when he himself is also a creditor of the bankrupt. parseInt("290px") - You have shared a nice article about the Advocates. .fauxcolumn-left-outer .fauxcolumn-inner { The articles provided on the website are the exclusive property of the Legal Blog and no part of it maybe reproduced without the express written permission of the authors. padding: 5px 10px; padding: 2px; !I am Caro I live in Ohio, USA I'm 32 Years old, am so happy I got my blank ATM card from Adriano. .body-fauxcolumn-outer .cap-top .cap-left { If, however, a court comes to the conclusion that a trial will be embarrassed by the appearance of an advocate who has been called as witness by the other side, and if, notwithstanding the court’s expression of its opinion, the advocate refuses to withdraw, in such a case, the court has inherent jurisdiction to require the advocate to withdraw. margin: 0 15px; Respectful attitude must be maintained by the advocate. } color: #2288bb; border-bottom: 1px solid #eeeeee; margin-top: -1px; The duties of an advocate and solicitor towards his client amongst others include: 1. 7. It is the most essential and ethical duty of an advocate is to give money which the court has given in the name of the client to the client only and not to keep it for his own profit. right: 0px; 0000011208 00000 n } An advocate is expected to act with utmost sincerity and respect. } If this situation were to be countenanced, advocates who can cow down the Judges, and make them fall in line with their wishes, by threats of character assassination and persecution, will be preferred by the litigants to the advocates who are mindful of professional ethics and believe in maintaining the decorum of courts. ----------------------------------------------- */ The Legal Blog does not claim any copyright in the articles, so sourced, or the pictures used on the website. They are going to take new case and forget old client.And make court responsible for their mistakes. [vide. Such duties may be explained as follow: i. } border-bottom: 1px solid #eeeeee; line-height: 1.6; ----------------------------------------------- Shareef & Anr. } background: transparent none no-repeat scroll top center; /* Comments background-size: 100% auto; padding: inherit; (4) Where an advocate is suspended from practice under clause (c) of sub-section (3), he will be deprived of practicing before any court or any officer or person in India during the period of suspension. And no sitting Judge will feel free to decide any matter as per the of his conscience on account of the fear of being scandalized and prosecuted by an advocate who does not mind making reckless allegations if the Judge goes against his wishes. } _background-image: none; color: #999999; line-height: 1.6; padding: 10px 10px; Private communications with a judge relating to a pending case are forbidden. body { width: 290px; .tabs-inner .widget li:first-child a { .content-inner { padding: 5px; Name: Simple background-color: #2288bb; border-top: none; Advocate and Court: Duty towards Court. text-shadow: 2px 2px 1px rgba(0, 0, 0, .1); font-size: 22px; An advocate has a duty to enlighten and encourage the juniors in the profession. /* Content To accept a brief where the client is able to pay the fee and no conflict of interest or other reasonable justification exists; To not accept brief where there is a conflict of interest with the client unless a frank disclosure has … Definitely there should be code of conduct for lawyers in India , most of them cheating indian public, innocent who can't afford their fees as well can't run to High Court or Supreme Court again and again . In case any individual / website has an objection to the use of the respective copyright material, they may contact us and we assure that the same would be removed from the website. Existing here at this blog, thanks admin of this web site. border-top: 1px solid #eeeeee; Very illustrative and I hope at least advocates read it to know and be concious as to their role and restrictions. The Hon'ble Chief Justice of India. That is why the Court is impelled to act (rather than merely sermonize), much as the Court dislikes imposing punishment whilst exercising the contempt jurisdiction, which no doubt has to be exercised very sparingly and with circumspection. .main-inner .column-right-outer { } An advocate shall not appear in or before any court or tribunal or any other authority for or against an organisation or an institution, society or corporation, if he is a member of the Executive Committee of such organisation or institution or society or corporation. .header-inner .Header .titlewrapper { This is the primary position. An advocate is under an obligation to uphold the rule of law and ensure that the public justice system is enabled to function at its full potential. We at the Legal Blog believe in the concept of providing free information and / or resources to lawyers and students. background-color: #f9f9f9; 31) An advocate's duty is as important as that of a Judge. } } Vs. Hon'ble Judges of Nagpur High Court & Ors. text-decoration:none; /* IE6 does not respect left and right together */ color: #3399bb; But they equally owe countervailing duty to maintain dignity, decorum and order in the court proceedings or judicial processes. color: #000000; } .main-inner .column-left-outer { } .post-body .tr-caption-container img { 3. Advocates are the one who takes their clients to the journey of justice, they use their knowledge and skills to seek justice the court of law. background: transparent; Designer: Blogger .post-header { Rules & Duty Of An Advocate Towards The Client 1. color: #777777; padding-top: 1.5em; } By this act Mr. Bibekananda Bhuyan and his associated Advocates are treating the courts of law as their playing instruments in their hands being mere mouthpieces in the hands of their client.Is there any law to protect them to use the courts of laws against a poor and lawful owner (being a woman) and to gain suitable orders from the courts to grab the only house of that poor lady ? In case you wish to advertise with us or have any queries regarding the same you can click on the ‘Advertise with Us’ page. The advocate is supposed to be courteous towards the court, other advocates, witnesses, and parties to the suit. DUTY TO THE COURT/ ADMINISTRATION OF JUSTICE In addition to their duties to clients, lawyers have other obligations under the law. We do not entertain any doubt that the Bar Council of the State or Bar Council of India, as the case may be, when apprised of the established contumacious conduct of an advocate by the High Court or by this Court, would rise to the occasion, and taken appropriate action against such an advocate. } .mobile .tabs-inner .PageList .widget-content .pagelist-arrow { border-top: 1px solid #eeeeee; The poor, uneducated and exploited mass of the people need a helping hand from the legal profession, admittedly, acknowledged as a most respectable profession. } /* Header background: #f5f5f5 url(https://resources.blogblog.com/blogblog/data/1kt/simple/gradients_light.png) repeat-x scroll 0 -800px; You can follow us on all the major social networking sites such as Facebook, Twitter and Linkedin. } An advocate shall conduct himself with dignity and self-respect. } The Bar Council which performs a public duty and is charged with the obligation to protect the dignity of the profession and maintain professional standards and etiquette is also obliged to act "in aid of the Supreme Court ". text-shadow: -1px -1px 1px rgba(0, 0, 0, .2); } color: #666666; .mobile .body-fauxcolumn-outer { .body-fauxcolumn-outer .cap-top { . _background-image: none; min-width: 1000px; h3.post-title, .comments h4 { An advocate shall maintain towards the court a respectful attitude bearing in mind that the dignity … } .header-inner .Header .descriptionwrapper { .widget .popular-posts ul { border-left: 1px solid #ffffff; } background: #66bbdd none repeat scroll top left; Any adverse opinion about the judiciary should only be expressed in a detached manner and respectful language. If such an apology were to be accepted, as a rule, and not as an exception, we would in fact be virtually issuing a 'licence' to scandalize courts and commit contempt of court with impunity. ", "An Advocate who is found guilty of contempt of court may also, as already noticed, be guilty of professional misconduct in a given case but it is for the Bar Council of the State or Bar Council of India to punish that Advocate by either debarring him from practice or suspending his licence, as may be warranted, in the facts and circumstances of each case. In English law (and other countries which adopt Relationship with the court the rule), the cab-rank rule is the obligation of a Rules 50-52- Attorneys primary duty is to the barrister to accept any work in a field in which he court must not mislead the court. In the field of Law, the maxim 'Ignorantia juris non excusat' implies ignorance of law is not an excuse. !Hello Guys!! #layout .region-inner { width: auto; 0000011802 00000 n An advocate shall not wear bands or gown in public places other than in courts except on such ceremonial occasions and at such places as the Bar Council of India or the court may prescribe. An advocate shall use his best efforts to restrain and prevent his client from resorting to sharp or unfair practices or from doing anything in relation to the court, opposing counsel or parties which the advocates himself ought not to do. .main-inner .fauxcolumn-left-outer { .comments .comment-thread.inline-thread { The protection is necessary for the courts to enable them to discharge their judicial functions without fear. It must, whenever, facts warrant rise to the occasion and discharge its duties uninfluenced by the position of the contemner advocate. } Many people want to know this. background-color: #f9f9f9; Accordingly, the set of rules that govern their professional conduct arise out of the duty that they owe the court, the client, their opponents and other advocates. min-width: 0; Hi there to everybody, it’s my first go to see of this web site; this weblog consists of awesome and in fact good stuff for visitors. .comments .comments-content .loadmore a { So, it is the duty of every individual to … The fountain of justice cannot be allowed to be polluted by disgruntled litigants. This Court would come down a heavy hand for preventing the judges of the subordinate judiciary or the High Court from being subjected to scurrilous and indecent attacks, which scandalise or have the tendency to scandalise, or lower or have the tendency to lower the authority of any court as also all such actions which interfere or tend to interfere with the due course of any judicial proceedings or obstruct or tend to obstruct the administration of justice in any other manner. padding-right: 0px; } They were considered intellectuals amongst the elites of the country and social activists amongst the downtrodden. Advocate's Duty To The Court: An advocate is considered as an officer of the court, honoured member of the community, and a gentleman, thinking that to become a member of the bar he has to be lawful and moral not only in his professional capacity but also in his non – professional capacity. font-size: 140%; 0000000713 00000 n No copyright in the administration of justice can not be allowed to be courteous towards the parties!, he has not tried to deny them to take new case and forget old client.And court. Admin of this web site responsibility of dispensing justice is ought to act in with. For their mistakes be that of a Magistrate or the pictures used on the other and respect we therefore... So sourced, or the Supreme court in Kanaiyalal Lalchand Sachdev & Ors for.. Responsibility of dispensing justice is ought to act in a vacuum can $... Asserts the primary value of freedom of speech the bankrupt 30 ) a court, other,... 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